TMI Blog2012 (7) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of input credit attributable to the inputs utilized in the exported goods - duty paid inputs are used in the manufacture of finished products which are exported - assessees have complied with Rule 5 of the Cenvat Credit Rules, 2004. Therefore, they are in law entitled to refund of the unutilized Cenvat Credit in their account – In favor of assessee - CEA NOS. 27 TO 31 OF 2010 - - - Dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... original authority rejected the refund claims on the ground that the assessees had not fulfilled the conditions of Rule 5 of Cenvat Credit Rules, 2002, read with Notification No.ll/2.005-CE(NT) as amended. Aggrieved by the same the assessees preferred appeals before the Commissioner of Appeals. The Commissioner allowed the appeals and held that the asseseees were not in a position to utilise the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal on consideration of the relevant provisions of the law, the Judgments on the point held that it is not in dispute that the assessees used the inputs and have exported the impugned goods and the refund is only in respect of input credit attributable to the inputs utilized in the exported goods. It is not necessary to prove one-to-one correlation of inputs with that of exported goods. The as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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